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NARRATOR:
In the criminal justice system
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00:00:09,209 --> 00:00:13,180
the people are represented by two
separate yet equally important groups,
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00:00:13,246 --> 00:00:15,055
the police
who investigate crime
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00:00:15,115 --> 00:00:17,925
and the district attorneys
who prosecute the offenders.
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00:00:17,985 --> 00:00:19,658
These are their stories.
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00:00:21,555 --> 00:00:24,468
Okay, I got seven bags
sourdough and 13 baguettes.
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00:00:24,524 --> 00:00:26,299
Supposed to be 14 baguettes.
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00:00:26,360 --> 00:00:27,634
Hey, I counted 'em twice.
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00:00:27,694 --> 00:00:29,833
Look, just take three loaves
out of each bag.
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00:00:29,896 --> 00:00:32,240
Then they complain
to me that it's light.
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00:00:32,299 --> 00:00:34,404
Get out of here before
they complain you're late.
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00:00:45,145 --> 00:00:46,419
Oh, man.
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00:00:49,416 --> 00:00:51,487
The bakery workers found her when
they opened up this morning.
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00:00:51,551 --> 00:00:52,621
Around about 5:30.
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00:00:52,686 --> 00:00:54,029
Any ID?
Nothing.
16
00:00:54,121 --> 00:00:56,727
I got some guys out looking in
the trash cans for a purse.
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00:00:56,790 --> 00:00:59,202
She's got bruises
on her neck, Lennie.
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00:00:59,393 --> 00:01:01,395
Her heel's
practically broken off.
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00:01:01,461 --> 00:01:03,338
SERGEANT: It's tough to run
from somebody in those things.
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00:01:03,397 --> 00:01:06,606
Sarge. I found this handbag
two blocks over.
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00:01:06,666 --> 00:01:07,974
Let me see that.
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00:01:09,302 --> 00:01:10,645
It matches her outfit.
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00:01:12,139 --> 00:01:14,642
Huh, just cigarettes
and a lipstick.
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00:01:14,708 --> 00:01:17,279
She could've been out late at one of
these bars or restaurants around here.
25
00:01:17,344 --> 00:01:18,448
Or a party.
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00:01:18,512 --> 00:01:19,684
Whoa!
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00:01:19,746 --> 00:01:20,884
That looks like ecstasy.
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00:01:21,381 --> 00:01:22,655
The party's over.
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00:02:13,100 --> 00:02:15,444
Bruised neck, petechial
hemorrhages in the eyes.
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00:02:15,502 --> 00:02:16,913
You have a good,
old-fashioned strangling.
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00:02:16,970 --> 00:02:18,005
From the front or the back?
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00:02:18,071 --> 00:02:19,709
Missionary position.
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00:02:19,773 --> 00:02:21,377
His thumbs crushed her larynx.
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00:02:21,475 --> 00:02:23,751
I make time of death
between 1:00 and 2:00 a.m.
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00:02:23,844 --> 00:02:25,790
So, he's choking her
face to face.
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00:02:25,846 --> 00:02:28,087
She must've tried
to pry his hands loose.
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00:02:28,148 --> 00:02:29,320
Any skin under her nails?
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00:02:29,382 --> 00:02:31,157
No, my guess is
the perp had gloves on.
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00:02:31,284 --> 00:02:32,729
What about sexual assault?
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00:02:32,786 --> 00:02:34,265
Everything's
shipshape down there.
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00:02:34,321 --> 00:02:36,096
Did you find MDMA
in her tox screen?
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00:02:36,590 --> 00:02:39,196
No ecstasy, but her blood
alcohol was up there.
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00:02:39,259 --> 00:02:40,829
Did you get a read
on stomach contents?
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00:02:40,894 --> 00:02:43,135
No, she hadn't eaten
food in awhile.
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00:02:43,363 --> 00:02:45,741
Her last meal was
a sour apple martini.
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00:02:46,700 --> 00:02:48,270
Straight up, or on the rocks?
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00:02:49,402 --> 00:02:51,143
Do we have an ID on her?
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00:02:51,204 --> 00:02:52,706
We're canvassing the
neighborhood with a photo,
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00:02:52,772 --> 00:02:53,807
but nothing so far.
50
00:02:53,874 --> 00:02:55,319
Too early for
a Missing Persons report.
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00:02:55,375 --> 00:02:56,376
Well, how about prints?
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00:02:56,443 --> 00:02:57,444
She's not in the system.
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00:02:57,511 --> 00:02:58,990
Hey, it was only
a matter of time.
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00:02:59,045 --> 00:03:01,423
The lab confirmed the 25 hits
of ecstasy in her purse,
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00:03:01,481 --> 00:03:03,461
and they couldn't have all
been for recreational use.
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00:03:03,517 --> 00:03:05,588
Well, this type of
martini she was drinking...
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00:03:05,652 --> 00:03:06,756
Sour apple.
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00:03:06,820 --> 00:03:08,299
It's gonna be tough to
figure out who serves 'em
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00:03:08,355 --> 00:03:09,663
until the bars open up.
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00:03:09,723 --> 00:03:12,135
Hope you guys have some
basic black to change into.
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00:03:14,127 --> 00:03:16,767
The bartender said you were
working the lounge last night.
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00:03:16,830 --> 00:03:18,400
Yeah, 9:00 to 4:00.
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00:03:18,465 --> 00:03:20,604
Did you serve any
sour apple martinis?
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00:03:21,168 --> 00:03:22,340
Are they illegal now?
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00:03:23,937 --> 00:03:25,644
Guys, where's your
sense of humor?
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00:03:25,705 --> 00:03:28,083
We lost it about
seven bars ago.
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00:03:28,141 --> 00:03:31,213
(SIGHS) Yeah, I served
about 100 of those things.
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00:03:31,678 --> 00:03:33,680
Did you serve any to her?
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00:03:37,517 --> 00:03:38,689
What happened to her?
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00:03:39,085 --> 00:03:41,065
She was killed
a few blocks from here.
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00:03:42,589 --> 00:03:45,570
Yeah, um, I served
two or three to her,
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00:03:45,625 --> 00:03:47,502
and few to the guy
who was hitting on her.
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00:03:47,561 --> 00:03:48,972
Either one of them a regular?
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00:03:49,029 --> 00:03:50,303
I didn't recognize them.
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00:03:50,363 --> 00:03:52,502
ED: Did you see the two
of them leave together?
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00:03:52,566 --> 00:03:53,840
Yeah, maybe.
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00:03:53,900 --> 00:03:56,471
How'd they settle up,
uh, credit or cash?
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00:03:57,804 --> 00:03:59,442
His American Express Platinum.
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00:03:59,506 --> 00:04:01,179
I'll get the charge slip
from the manager.
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00:04:02,976 --> 00:04:04,512
What is this about?
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00:04:04,578 --> 00:04:07,149
You were at the Zircon
lounge two nights ago?
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00:04:07,347 --> 00:04:08,621
Uh, yeah.
83
00:04:09,149 --> 00:04:12,619
Uh, maybe you'd be more comfortable
talking down at the precinct.
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00:04:13,620 --> 00:04:14,655
What do you want to know?
85
00:04:15,322 --> 00:04:17,962
Who was the woman you were
with that night, Mr. Gibson?
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00:04:29,069 --> 00:04:30,275
A girl named Angela, all right.
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00:04:30,337 --> 00:04:32,112
I met her at the bar
around 11:30,
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00:04:32,172 --> 00:04:33,446
and I bought her a few drinks.
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00:04:33,506 --> 00:04:35,782
You buy anything else
beside a few drinks?
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00:04:35,842 --> 00:04:36,946
Like what?
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00:04:38,111 --> 00:04:39,954
Like ecstasy, maybe?
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00:04:40,313 --> 00:04:42,589
I get tested here, all right.
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00:04:42,649 --> 00:04:45,289
I got her cell phone number,
took a taxi home. Alone.
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00:04:45,518 --> 00:04:46,724
She had a cell phone with her?
95
00:04:46,786 --> 00:04:49,630
Yeah, she went out
a few times to take calls.
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00:04:49,689 --> 00:04:51,862
I actually thought things
were going pretty well,
97
00:04:51,925 --> 00:04:53,700
until she noticed some guy
come into the bar.
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00:04:53,760 --> 00:04:56,400
She gets up, she goes to the
bathroom, she never comes back.
99
00:04:56,796 --> 00:04:58,104
I figured it was
an old boyfriend.
100
00:04:58,164 --> 00:04:59,336
What did he look like?
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00:04:59,766 --> 00:05:04,772
Uh, about 6'1 ", 6'2", my age,
light hair, black jacket.
102
00:05:05,205 --> 00:05:06,479
I think he might've
had a friend with him.
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00:05:06,539 --> 00:05:07,813
What time did you get home?
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00:05:07,874 --> 00:05:11,515
About 1:00,1:15. You can
check with my doorman.
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00:05:12,245 --> 00:05:13,451
We will.
106
00:05:13,513 --> 00:05:15,789
And, uh, we're gonna need
that cell phone number.
107
00:05:23,290 --> 00:05:27,067
Lennie. Here she is.
Angela Jarrell.
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00:05:27,794 --> 00:05:29,501
Nicer than the one we got.
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00:05:30,463 --> 00:05:31,635
Here's her wallet.
110
00:05:34,401 --> 00:05:37,678
Well, if the perp robbed her,
all he got was her cell phone.
111
00:05:37,737 --> 00:05:39,410
Have you had any problems here?
112
00:05:39,472 --> 00:05:42,180
Nothing unusual.
Complaints about her music.
113
00:05:42,242 --> 00:05:43,983
She's behind on her
rent a few months.
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00:05:44,077 --> 00:05:45,454
How much does she owe?
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00:05:45,512 --> 00:05:48,254
About three grand. Her father
used to send me a check
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00:05:48,315 --> 00:05:49,726
from Minnesota or someplace.
117
00:05:49,783 --> 00:05:51,091
Then, about six months ago,
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00:05:51,151 --> 00:05:52,994
she started giving me cash.
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00:05:53,053 --> 00:05:54,794
That's when she fell behind.
120
00:05:54,888 --> 00:05:56,925
You know how we can get in
touch with her parents?
121
00:05:57,157 --> 00:05:59,262
I'm sure it's on her
rental application.
122
00:06:00,593 --> 00:06:03,472
My parents couldn't make the trip.
They're in shock.
123
00:06:04,597 --> 00:06:07,077
My father says he'll never
set foot in this place.
124
00:06:07,200 --> 00:06:08,474
Maybe he'll feel differently
125
00:06:08,535 --> 00:06:10,845
when we have your
sister's killer on trial.
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00:06:12,672 --> 00:06:15,846
Angela's dreamed of coming here
since she was 10 years old.
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00:06:15,909 --> 00:06:17,115
(INDISTINCT CHATTERING)
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00:06:17,177 --> 00:06:19,623
I just can't believe
this is how it ended.
129
00:06:22,749 --> 00:06:25,491
Did your sister ever mention what
she was doing here, Ms. Jarrell?
130
00:06:26,419 --> 00:06:29,662
Well, she called about
the auditions she went on,
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00:06:29,723 --> 00:06:31,066
the parts she never got,
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00:06:31,124 --> 00:06:32,728
some of the guys she met.
133
00:06:33,393 --> 00:06:36,272
Did she ever talk about having
any trouble with any of them?
134
00:06:36,329 --> 00:06:37,364
No.
135
00:06:37,430 --> 00:06:38,875
Was she working at all?
136
00:06:38,932 --> 00:06:42,937
Well, my dad couldn't make ends
meet and still pay her rent,
137
00:06:43,002 --> 00:06:45,175
so she took a job
at a copy place.
138
00:06:45,939 --> 00:06:47,009
Where was that?
139
00:06:47,073 --> 00:06:50,020
She said it was on the same
block as her apartment,
140
00:06:50,076 --> 00:06:52,613
so dad didn't have to worry about
her on the subway at night.
141
00:06:53,146 --> 00:06:57,117
Ms. Jarrell, there isn't any copy
place near where your sister lived.
142
00:07:00,120 --> 00:07:01,565
What are you saying?
143
00:07:02,822 --> 00:07:05,428
Did your sister ever mention
anything about ecstasy?
144
00:07:08,661 --> 00:07:10,197
What is it,
Ms. Jarrell?
145
00:07:11,798 --> 00:07:14,244
Well, Angela wanted me
to try some with her
146
00:07:14,300 --> 00:07:16,007
when she came home
last Christmas.
147
00:07:16,703 --> 00:07:19,343
Some guy she knew
turned her on to it.
148
00:07:19,406 --> 00:07:21,579
She said it was
an unbelievable high,
149
00:07:21,641 --> 00:07:23,985
that it would really
open me up.
150
00:07:24,577 --> 00:07:27,490
She liked it so much, she
may have been selling it.
151
00:07:29,149 --> 00:07:31,959
Can you think of anybody she might
have been in business with?
152
00:07:33,086 --> 00:07:35,327
We're sorry to lay this
on you, but we...
153
00:07:35,855 --> 00:07:37,630
It might help us
figure out who killed her.
154
00:07:39,659 --> 00:07:42,469
I wish I could tell you,
but I really don't know.
155
00:07:43,530 --> 00:07:45,635
I'm just glad
my father didn't come here.
156
00:07:50,470 --> 00:07:51,881
Hey, Lou.
Yeah.
157
00:07:51,938 --> 00:07:54,976
Looks like Angela Jarrell's
day job was dealing E.
158
00:07:55,041 --> 00:07:56,611
And you think that's
what got her killed?
159
00:07:56,676 --> 00:07:58,178
The spot where she was strangled
wasn't on her way home.
160
00:07:58,244 --> 00:08:00,053
We figure she went there
with somebody she knew.
161
00:08:00,113 --> 00:08:02,650
And that Wall Street guy's
alibi checks out.
162
00:08:02,749 --> 00:08:04,751
Well, here are the IUDs
from her cell phone.
163
00:08:04,818 --> 00:08:07,765
Four calls from the same number
while she was at the bar.
164
00:08:11,491 --> 00:08:12,936
Yeah, I called Angela.
165
00:08:12,992 --> 00:08:14,471
I was supposed
to meet her for a drink.
166
00:08:14,527 --> 00:08:15,528
She never called me back.
167
00:08:15,595 --> 00:08:16,665
So, did you go meet her?
168
00:08:16,729 --> 00:08:18,402
I was here with
my girlfriend all night.
169
00:08:18,465 --> 00:08:19,739
Wait a minute. Hold on.
Let me get this straight.
170
00:08:19,799 --> 00:08:21,642
You're here with your girlfriend,
and at the same time,
171
00:08:21,701 --> 00:08:23,681
you're trying to get with
Angela at 12:30 in the morning?
172
00:08:23,736 --> 00:08:25,977
Four phone calls.
Sounds like you were,
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00:08:26,039 --> 00:08:28,041
uh, kind of obsessed
with meeting her.
174
00:08:28,107 --> 00:08:30,519
Maybe you were trying to get
your hands on some ecstasy.
175
00:08:32,111 --> 00:08:33,647
So, you know
what she was doing.
176
00:08:33,713 --> 00:08:36,193
She had 25 hits on her
when she died.
177
00:08:36,249 --> 00:08:38,024
Look, Angela
wasn't like you think.
178
00:08:38,084 --> 00:08:41,691
I mean, she was the most incompetent
drug dealer you ever saw.
179
00:08:42,288 --> 00:08:44,666
She was supposed to come
over here on her way home
180
00:08:44,724 --> 00:08:47,000
and roll with us,
but she never showed up.
181
00:08:47,060 --> 00:08:50,064
Do you have any idea who might have
gotten her into this, Mr. Daltrey?
182
00:08:50,129 --> 00:08:51,130
(SIGHS)
183
00:08:51,431 --> 00:08:52,637
Look, this might be something.
184
00:08:52,699 --> 00:08:55,179
I once asked Angela
if she could, you know,
185
00:08:55,235 --> 00:08:56,976
find me something more serious.
186
00:08:57,036 --> 00:08:58,208
She gave me
a guy's phone number.
187
00:08:58,271 --> 00:08:59,409
Do you still have the number?
188
00:08:59,472 --> 00:09:02,180
I threw it away. But I
remember, his name was Taz.
189
00:09:02,742 --> 00:09:05,052
We can try running it
as an AKA.
190
00:09:05,745 --> 00:09:06,746
Thanks.
191
00:09:10,183 --> 00:09:13,289
Thursday, um, no. I was
home all night. Why?
192
00:09:13,386 --> 00:09:16,265
We heard you were at the
Zircon lounge in Tribeca.
193
00:09:16,322 --> 00:09:18,131
We're investigating
an incident there.
194
00:09:18,191 --> 00:09:20,831
No, I'm not getting around too
well since I busted my foot, so...
195
00:09:20,894 --> 00:09:23,636
Do you know a woman
named Angela Jarrell?
196
00:09:23,897 --> 00:09:25,638
Doesn't ring a bell, no.
197
00:09:25,698 --> 00:09:27,177
How'd you hurt
yourself, Mr. Partell?
198
00:09:27,267 --> 00:09:29,577
You wouldn't believe it,
I dropped a hammer on it.
199
00:09:29,636 --> 00:09:31,513
Broke one of those
little bones. (CHUCKLES)
200
00:09:31,738 --> 00:09:32,978
At work?
201
00:09:33,039 --> 00:09:34,177
Nah. Nah.
I'm in between jobs.
202
00:09:34,240 --> 00:09:37,244
I was, uh, putting
shelves up in the closet.
203
00:09:37,410 --> 00:09:38,912
Mmm. When was that?
204
00:09:40,346 --> 00:09:41,484
Last weekend.
205
00:09:44,183 --> 00:09:45,560
What, you don't believe me?
206
00:09:45,752 --> 00:09:47,425
We ran your sheet.
207
00:09:47,987 --> 00:09:49,227
How'd you get your cleaning?
208
00:09:49,455 --> 00:09:53,232
They deliver. Now look,
if there's nothing else...
209
00:09:53,293 --> 00:09:54,294
Okay?
210
00:09:54,427 --> 00:09:57,169
How about somebody that can account
for your whereabouts Thursday night.
211
00:09:57,230 --> 00:09:59,210
Like I said, I was here
alone, all right?
212
00:10:00,033 --> 00:10:02,604
Now, if you guys got
nothing else to ask me...
213
00:10:04,103 --> 00:10:05,411
Goodbye.
214
00:10:12,345 --> 00:10:14,018
She's got a broken right heel,
215
00:10:14,080 --> 00:10:15,753
he's got a broken left foot.
216
00:10:15,815 --> 00:10:17,260
She's got two hands
around her neck,
217
00:10:17,317 --> 00:10:18,557
that's probably all
she could do.
218
00:10:18,618 --> 00:10:21,326
Gibson told us the guy in the
bar was wearing a black jacket.
219
00:10:21,421 --> 00:10:23,492
Did you notice the jacket
in the dry cleaner's bag?
220
00:10:23,556 --> 00:10:25,900
Yeah, I noticed the receipt, too.
Parisian Dry Cleaners.
221
00:10:26,125 --> 00:10:28,162
Let's find out if Partell
took that jacket in
222
00:10:28,227 --> 00:10:30,207
to clean up after
a night on the town.
223
00:10:32,498 --> 00:10:34,478
Um, no deliveries this week.
224
00:10:34,534 --> 00:10:37,208
He picked up his
dry cleaning on the 26th.
225
00:10:38,071 --> 00:10:39,812
That's two days before
the murder, Lennie.
226
00:10:39,872 --> 00:10:41,078
He picked it up?
227
00:10:42,008 --> 00:10:46,013
Um... "A leather jacket, two
pairs of pants, three shirts."
228
00:10:46,446 --> 00:10:48,392
And how'd he manage
all that on his crutches?
229
00:10:49,449 --> 00:10:50,928
He didn't have crutches.
230
00:10:51,284 --> 00:10:52,456
You sure?
231
00:10:52,518 --> 00:10:55,226
I couldn't find his cleaning,
he saw it on the rack,
232
00:10:55,288 --> 00:10:57,268
and he walked around the counter
and took it down for me.
233
00:11:00,360 --> 00:11:01,361
Thanks.
234
00:11:04,764 --> 00:11:07,176
You lied about when
you hurt your foot, Partell.
235
00:11:07,767 --> 00:11:09,872
I think possibly you may
have misunderstood me.
236
00:11:10,136 --> 00:11:11,137
(CHUCKLES) Yeah, right.
237
00:11:11,571 --> 00:11:15,348
So, what happened? Somebody break
off a high heel on your toe?
238
00:11:15,708 --> 00:11:19,315
Hey, guys, what's the point of dragging
me down here, really, you know...
239
00:11:19,612 --> 00:11:22,286
Criminal sale of a
controlled substance in '95,
240
00:11:22,348 --> 00:11:24,624
gun possession in '97,
you fit the profile.
241
00:11:25,385 --> 00:11:26,887
(INHALING) ls my lawyer here?
242
00:11:27,353 --> 00:11:29,959
You know, once we connect you
to Angela Jarrell, it's over.
243
00:11:30,490 --> 00:11:32,367
Yeah, you go right ahead,
connect me, okay.
244
00:11:32,425 --> 00:11:34,200
We got witnesses coming down.
245
00:11:34,260 --> 00:11:35,398
If they put you in that bar...
246
00:11:35,461 --> 00:11:36,462
(KNOCKING ON DOOR)
247
00:11:37,096 --> 00:11:40,043
This is Mr. Hauser,
Mr. Partell's attorney.
248
00:11:40,199 --> 00:11:41,405
No more questions, gentlemen.
249
00:11:41,701 --> 00:11:44,614
Aw, you sure you don't want to join
us for a few minutes, Counselor?
250
00:11:45,538 --> 00:11:46,710
Is my client under arrest?
251
00:11:46,773 --> 00:11:49,049
We'll let you know
after the lineup.
252
00:11:52,478 --> 00:11:54,617
Do you recognize
anyone, Mr. Gibson?
253
00:11:55,682 --> 00:11:57,923
Uh, can you ask number
two to come closer?
254
00:11:59,986 --> 00:12:01,966
Number two,
please step forward.
255
00:12:20,406 --> 00:12:22,511
He might've been one of the
guys I saw at the bar.
256
00:12:22,575 --> 00:12:23,952
Uh, I'm not sure.
257
00:12:24,510 --> 00:12:25,853
VAN BUREN:
Thanks, Mr. Gibson.
258
00:12:25,912 --> 00:12:27,084
I'm sorry.
259
00:12:27,180 --> 00:12:29,057
HAUSER: I take it Mr. Partell
will be released?
260
00:12:29,115 --> 00:12:30,116
For now.
261
00:12:33,052 --> 00:12:34,190
How about the waitress
in the bar?
262
00:12:34,620 --> 00:12:36,531
She said she don't
remember seeing Partell.
263
00:12:36,589 --> 00:12:38,591
Well, the other guy
Gibson mentioned,
264
00:12:38,658 --> 00:12:41,969
were there any co-defendants
on Partell's old drug cases?
265
00:12:42,028 --> 00:12:44,167
We can run the arrest
numbers off his rap sheet,
266
00:12:44,230 --> 00:12:45,265
see who turns up.
267
00:12:45,798 --> 00:12:46,799
Good.
268
00:12:47,934 --> 00:12:51,143
Yeah, me and Taz got arrested together.
I did my nine months.
269
00:12:51,204 --> 00:12:52,342
You two still hang out?
270
00:12:52,405 --> 00:12:54,715
Not for about a year.
We don't get along too good.
271
00:12:54,774 --> 00:12:56,117
Business dispute?
272
00:12:56,175 --> 00:13:00,385
I'm out of that.
I got my 9:00 to 5:00 now.
273
00:13:02,115 --> 00:13:03,321
So, what's up with this?
274
00:13:03,616 --> 00:13:05,118
You're too old to be
from narcotics.
275
00:13:05,184 --> 00:13:06,527
We're homicide.
276
00:13:06,586 --> 00:13:07,929
From the Bronx?
Manhattan.
277
00:13:08,488 --> 00:13:09,728
Why'd you say the Bronx?
278
00:13:10,223 --> 00:13:11,827
No reason. ED: Just
popped into your head?
279
00:13:11,891 --> 00:13:12,892
Yeah.
280
00:13:12,959 --> 00:13:15,667
Then you're coming with us to explain
where you were Thursday night.
281
00:13:16,496 --> 00:13:17,600
I was working here.
282
00:13:17,663 --> 00:13:19,040
You can ask my boss.
283
00:13:19,098 --> 00:13:21,806
Listen, if you want to save yourself
a ride downtown, Mr. Quintana,
284
00:13:21,868 --> 00:13:24,474
I suggest you tell us why you
thought we were Bronx homicide.
285
00:13:28,474 --> 00:13:30,385
Taz should've caught a body
a couple of years ago,
286
00:13:30,443 --> 00:13:31,547
except he skated.
287
00:13:31,777 --> 00:13:33,814
There's no homicide arrest
on his rap sheet.
288
00:13:35,515 --> 00:13:37,495
I got a break coming. You
wanna buy me a coffee?
289
00:13:39,485 --> 00:13:41,658
So me and Taz are in this
spot up in the Bronx, right,
290
00:13:41,721 --> 00:13:42,756
the Grand Slam.
291
00:13:42,822 --> 00:13:44,529
That's the dance club, up
by Yankee Stadium, right?
292
00:13:44,590 --> 00:13:47,036
Yeah. So, I'm in my truck
smoking a bone, right?
293
00:13:47,660 --> 00:13:50,231
Taz comes out, tells me to
drive back to the club.
294
00:13:50,296 --> 00:13:52,537
Then he goes under my seat
and grabs a .25
295
00:13:52,598 --> 00:13:54,441
he had stashed there
before we went in.
296
00:13:54,500 --> 00:13:57,674
So, I figure he's gonna
show it to some girl, right?
297
00:13:57,737 --> 00:13:59,910
I'm waiting across the street,
298
00:13:59,972 --> 00:14:02,316
and I see Taz step up
on the bouncer.
299
00:14:02,375 --> 00:14:04,651
(MIMICS GUN FIRING)
Then his gun jams.
300
00:14:04,710 --> 00:14:06,348
So, he kicks him
as he goes down, you know.
301
00:14:06,412 --> 00:14:08,585
And I'm like, bugging out
on this, right?
302
00:14:08,648 --> 00:14:10,821
Then Taz jumps back
in my truck,
303
00:14:10,883 --> 00:14:13,329
and I don't' want him
in my truck, right?
304
00:14:13,386 --> 00:14:14,956
So, I drop him off
in the subway.
305
00:14:15,021 --> 00:14:16,625
Why are you
telling us this now?
306
00:14:16,689 --> 00:14:21,763
A, Taz screwed me. B, the cops
picked up the wrong guy behind this.
307
00:14:21,828 --> 00:14:23,136
Somebody else was arrested?
308
00:14:23,196 --> 00:14:25,540
Two days later.
I read it in the paper.
309
00:14:29,702 --> 00:14:33,081
Bouncer at the Grand Slam. Sure, I remember it.
About two years ago.
310
00:14:33,139 --> 00:14:34,482
You make a collar?
311
00:14:34,540 --> 00:14:36,645
Yeah, a kid named
Tony Shaeffer.
312
00:14:36,709 --> 00:14:38,711
He's upstate
doing 25-to-life.
313
00:14:38,811 --> 00:14:41,724
We came across a witness who says that
you guys picked up the wrong guy.
314
00:14:41,781 --> 00:14:42,782
Who's this witness?
315
00:14:42,849 --> 00:14:45,853
Ah, he's a former
associate of our suspect.
316
00:14:45,918 --> 00:14:47,363
They used to deal
drugs together.
317
00:14:47,420 --> 00:14:48,592
He's got a sheet?
318
00:14:48,654 --> 00:14:50,895
Yeah, and he's got a grudge
against the shooter.
319
00:14:50,990 --> 00:14:52,492
Let's go right out
and pick him up, Bobby.
320
00:14:52,558 --> 00:14:53,662
(BOTH LAUGHING)
321
00:14:53,726 --> 00:14:55,831
This witness knew details
about the shooting.
322
00:14:55,928 --> 00:14:58,534
The fact that the gun jammed
after the second round,
323
00:14:58,598 --> 00:15:00,077
that the shooter kicked
the victim as he fell.
324
00:15:00,132 --> 00:15:03,238
Anybody who sat through Shaeffer's
trial would know all these details.
325
00:15:04,437 --> 00:15:06,246
Bobby, get the jacket.
326
00:15:08,374 --> 00:15:09,910
We had two IDs.
327
00:15:09,976 --> 00:15:12,217
Plus the kid shot his mouth
off to his girlfriend.
328
00:15:12,645 --> 00:15:15,353
We found the murder weapon on the
tracks where he got on the subway.
329
00:15:15,548 --> 00:15:16,754
Were there any prints
on the gun?
330
00:15:17,416 --> 00:15:18,588
Sounds to me like your guy is
331
00:15:18,651 --> 00:15:20,255
looking to screw over
his old running buddy.
332
00:15:21,621 --> 00:15:22,759
ED: Shaeffer
didn't plead out?
333
00:15:22,822 --> 00:15:23,960
He had priors.
334
00:15:24,423 --> 00:15:26,767
An assault plead down
to a dis-con.
335
00:15:27,393 --> 00:15:28,838
And he had an alibi witness.
336
00:15:29,095 --> 00:15:31,166
And if I recall,
the D.A. tore her apart.
337
00:15:31,864 --> 00:15:34,902
What's a matter, fellas, you don't
got enough to do in Manhattan?
338
00:15:36,135 --> 00:15:37,978
Shaeffer's alibi witness
is on our way downtown.
339
00:15:38,037 --> 00:15:40,347
It's a closed case.
In the Bronx.
340
00:15:40,406 --> 00:15:42,977
Yeah, well, we don't have
anything on Partell in Manhattan.
341
00:15:43,042 --> 00:15:45,352
So, let's just go see
what shakes out, please.
342
00:15:46,345 --> 00:15:49,952
Tony was right here in this
kitchen when that man was shot,
343
00:15:50,016 --> 00:15:52,121
I swear on my husband's grave.
344
00:15:53,319 --> 00:15:54,320
(SIGHS)
345
00:15:54,687 --> 00:15:57,258
But just because I'm his mother,
they wouldn't believe me.
346
00:15:58,057 --> 00:16:01,504
The jury's going to be skeptical
about an alibi from a family member.
347
00:16:02,261 --> 00:16:04,502
They made it seem
like I was lying.
348
00:16:05,064 --> 00:16:10,036
And that D.A. kept asking every
little thing to trip me up.
349
00:16:10,569 --> 00:16:12,310
What I had for supper,
350
00:16:12,371 --> 00:16:16,080
what program I was watching when
Tony came home from the bar.
351
00:16:16,509 --> 00:16:18,455
I was so nervous up there.
352
00:16:18,611 --> 00:16:20,420
You can't blame yourself,
Mrs. Shaeffer.
353
00:16:21,113 --> 00:16:24,720
It's all just a horrible dream.
354
00:16:27,853 --> 00:16:30,197
When Tony went away,
355
00:16:31,624 --> 00:16:33,069
I took some pills.
356
00:16:34,927 --> 00:16:36,668
They had to pump my stomach.
357
00:16:39,031 --> 00:16:41,773
Mrs. Shaeffer, I don't want
to get your hopes up,
358
00:16:41,834 --> 00:16:44,678
but we talked to somebody that
says your son is innocent.
359
00:16:45,404 --> 00:16:49,181
Oh, please, whoever this person
is, you have to believe it.
360
00:16:49,642 --> 00:16:52,623
I'm begging you, please.
361
00:16:56,215 --> 00:16:57,694
What, are you following me?
362
00:16:57,750 --> 00:16:59,923
We struck out on Partell's
former co-defendants,
363
00:16:59,985 --> 00:17:01,589
but one of them turned
us on to a murder that
364
00:17:01,654 --> 00:17:03,497
Partell may have
committed in the Bronx.
365
00:17:03,556 --> 00:17:06,002
Only trouble is, there's
another guy doing time for it.
366
00:17:06,058 --> 00:17:07,469
And you think that's a mistake?
367
00:17:07,526 --> 00:17:08,561
Well, it's possible.
368
00:17:08,627 --> 00:17:09,662
Lennie?
369
00:17:09,729 --> 00:17:11,675
Uh, I've seen the crying
mother routine before,
370
00:17:11,731 --> 00:17:13,711
but I don't know, there's
something about this.
371
00:17:13,766 --> 00:17:16,474
Well, will this help you close
the Angela Jarrell case?
372
00:17:16,535 --> 00:17:18,208
Well, right now, Partell
knows we don't have squat.
373
00:17:18,270 --> 00:17:20,113
So, if we keep digging
into this Bronx thing,
374
00:17:20,172 --> 00:17:21,310
we might get a little leverage.
375
00:17:21,374 --> 00:17:24,412
Well, keep digging. I want to
hear more than, "It's possible."
376
00:17:29,448 --> 00:17:31,519
DAVIS: I'm in the club
with my two buddies.
377
00:17:31,584 --> 00:17:34,087
This guy, Shaeffer, gets
kicked out by the bouncer.
378
00:17:34,887 --> 00:17:37,367
Everybody hears him say he's going
to come back and mess him up.
379
00:17:37,923 --> 00:17:40,335
Then as we're leaving,
we hear a couple of shots.
380
00:17:40,659 --> 00:17:44,505
We look back, and the bouncer's
dead on the sidewalk,
381
00:17:44,563 --> 00:17:46,543
and this Shaeffer
kicks him and runs.
382
00:17:47,066 --> 00:17:48,670
Couple of days later, I
picked him out of a lineup.
383
00:17:48,734 --> 00:17:49,804
All three of you guys?
384
00:17:49,869 --> 00:17:51,177
Uh, Pete didn't come down.
385
00:17:51,237 --> 00:17:52,375
Why not?
386
00:17:52,438 --> 00:17:53,712
I guess they didn't need him.
387
00:17:55,141 --> 00:17:56,484
This detective came to my house
388
00:17:56,542 --> 00:17:58,544
and showed me six pictures
in a plastic holder.
389
00:17:58,611 --> 00:17:59,646
A photo array.
390
00:17:59,712 --> 00:18:01,851
Yeah. But the guy who shot
the bouncer wasn't in there.
391
00:18:02,248 --> 00:18:04,922
This is Tony Shaeffer, the guy
your two friends identified.
392
00:18:06,118 --> 00:18:07,620
Now, see,
393
00:18:07,687 --> 00:18:10,668
this looks like the guy who
was kicked out of the club.
394
00:18:10,723 --> 00:18:12,168
Not the guy with the gun.
395
00:18:13,426 --> 00:18:15,633
And you remember all that
two years later?
396
00:18:16,128 --> 00:18:17,232
All I know is,
397
00:18:17,296 --> 00:18:19,902
the guy he tossed out of the club
wasn't the one who shot him.
398
00:18:19,965 --> 00:18:21,967
Well, why didn't you
tell this to the detective?
399
00:18:22,034 --> 00:18:24,776
I did. But once I didn't
pick out the right picture,
400
00:18:24,837 --> 00:18:26,111
he didn't seem interested.
401
00:18:26,172 --> 00:18:29,176
He told me he'd be in touch, and
that's the last I heard from him.
402
00:18:29,241 --> 00:18:30,618
Did you tell your friends
that you thought that
403
00:18:30,676 --> 00:18:32,212
they identified the wrong guy?
404
00:18:32,278 --> 00:18:34,519
You know,
it all happened so fast...
405
00:18:34,580 --> 00:18:36,787
I guess they saw what they saw.
406
00:18:37,616 --> 00:18:40,222
Is it possible your friends
had it in for this guy?
407
00:18:40,720 --> 00:18:41,858
They didn't even know him.
408
00:18:41,921 --> 00:18:45,596
But, uh, I remember Dave did
say something about a reward.
409
00:18:47,593 --> 00:18:48,901
Here's how it works.
410
00:18:48,961 --> 00:18:51,908
An anonymous informant calls
Crime Stoppers with a tip.
411
00:18:51,964 --> 00:18:54,945
If the detective working the
case thinks it might pan out,
412
00:18:55,000 --> 00:18:57,071
we assign the informant
a code number.
413
00:18:57,169 --> 00:18:59,274
If it leads to
a conviction, cha-ching.
414
00:18:59,338 --> 00:19:00,476
What's the going rate?
415
00:19:00,539 --> 00:19:01,609
Two thousand.
416
00:19:01,674 --> 00:19:03,551
(CHUCKLES) Sometimes the
families want to pump it up,
417
00:19:03,609 --> 00:19:06,715
but we discourage it. Too much
incentive for bad information.
418
00:19:07,346 --> 00:19:09,087
Did you pay a tip on
419
00:19:09,148 --> 00:19:13,995
People v. Anthony Shaeffer,
Bronx County, '99 indictment?
420
00:19:19,291 --> 00:19:20,292
Nope.
421
00:19:20,359 --> 00:19:22,703
So much for the greedy
informant theory.
422
00:19:23,262 --> 00:19:24,468
Let's take a look
at the tip sheets
423
00:19:24,530 --> 00:19:25,600
for the week
following the murder.
424
00:19:26,499 --> 00:19:27,603
Well, here's one,
425
00:19:27,666 --> 00:19:29,475
four days after the shooting.
426
00:19:29,535 --> 00:19:31,913
It's two days after
Shaeffer was arrested.
427
00:19:32,304 --> 00:19:34,750
Uh, the caller identifies the
shooter at the Grand Slam
428
00:19:34,807 --> 00:19:39,256
as "Taz, white male, light
hair, 30 to 35 years old."
429
00:19:39,612 --> 00:19:41,683
And that's a notation
that a message was left
430
00:19:41,747 --> 00:19:44,557
for a Detective Boyle
at the 56 regarding the tip.
431
00:19:45,651 --> 00:19:47,790
Did the informant ever
receive a code number?
432
00:19:48,888 --> 00:19:50,765
Looks like the detective
never called back.
433
00:19:50,990 --> 00:19:53,300
What's this 718 number
in the margin?
434
00:19:53,426 --> 00:19:55,736
Some of our newer phones
have caller ID.
435
00:19:55,795 --> 00:19:58,332
Don't say where you got it. We're
not supposed to write it down.
436
00:20:00,099 --> 00:20:02,409
We appreciate your
coming down, Ms. Pistone.
437
00:20:02,768 --> 00:20:04,406
I still can't figure out
how you got my name.
438
00:20:04,703 --> 00:20:08,378
Well, we're re-interviewing everybody who
was at the club the night of the murder,
439
00:20:08,440 --> 00:20:10,442
and your name
just happened to come up.
440
00:20:10,509 --> 00:20:12,887
Ms. Pistone,
this is Tony Shaeffer.
441
00:20:13,279 --> 00:20:14,917
Have you seen him before?
442
00:20:15,714 --> 00:20:17,216
Not that I remember.
443
00:20:17,883 --> 00:20:19,556
Do you recognize
any of these men,
444
00:20:19,618 --> 00:20:20,892
from the night of the shooting?
445
00:20:22,721 --> 00:20:25,463
Taz, he's the one who shot
Vincent, the bouncer.
446
00:20:25,925 --> 00:20:26,926
Are you sure?
447
00:20:26,992 --> 00:20:28,266
Yeah, I'm sure.
448
00:20:28,327 --> 00:20:31,308
My girlfriend used to work in that club.
Taz used to sell drugs there.
449
00:20:32,998 --> 00:20:35,103
Look, my lawyer told you I got
nothing else to say, all right.
450
00:20:35,167 --> 00:20:36,544
BRISCOE: Good.
You're under arrest.
451
00:20:36,602 --> 00:20:37,945
For what?
Murder.
452
00:20:38,971 --> 00:20:40,951
Oh, you got nothing on me
with that bitch.
453
00:20:41,006 --> 00:20:42,952
The correct response
would be, "which murder"?
454
00:20:43,008 --> 00:20:44,180
What are you talking about?
455
00:20:44,243 --> 00:20:46,416
We're arresting you for the
murder of Vincent Jackson.
456
00:20:46,479 --> 00:20:47,822
Be careful with
the foot, will you?
457
00:20:47,880 --> 00:20:50,156
Aw, don't worry.
We're not wearing high heels.
458
00:20:55,721 --> 00:20:57,394
We arrested Francis Partell
459
00:20:57,456 --> 00:21:01,029
for the murder of Vincent
Jackson in the Bronx in 1998.
460
00:21:01,460 --> 00:21:02,564
That's a murder
from two years ago.
461
00:21:02,628 --> 00:21:03,629
What about Angela Jarrell?
462
00:21:03,696 --> 00:21:05,801
Partell did it, but we can't
put him at the scene.
463
00:21:06,165 --> 00:21:07,337
Do we have a motive?
464
00:21:07,433 --> 00:21:08,776
Well, she was selling ecstasy,
465
00:21:08,834 --> 00:21:10,211
he's got a conviction
for dealing.
466
00:21:10,269 --> 00:21:11,304
We're guessing there was some
467
00:21:11,370 --> 00:21:13,782
business relationship between
them that went sour.
468
00:21:14,340 --> 00:21:16,013
I take it there's
no forensics evidence?
469
00:21:16,075 --> 00:21:19,181
Well, our case against him on the
Bronx murder is a lot better.
470
00:21:19,245 --> 00:21:22,419
It looks like those guys up there
steamrollered the wrong guy.
471
00:21:23,282 --> 00:21:24,886
That's a serious allegation.
472
00:21:25,117 --> 00:21:28,655
Look, the last thing I want to do
is sling mud at my own people.
473
00:21:28,888 --> 00:21:30,697
Are you sure you don't want
to handle this internally?
474
00:21:30,756 --> 00:21:33,566
You folks have to decide
what to do about Partell.
475
00:21:33,692 --> 00:21:34,762
Thanks.
476
00:21:34,827 --> 00:21:36,864
Hey, Abbie, you know
I wouldn't lay this on you
477
00:21:36,929 --> 00:21:38,806
if we weren't pretty sure
about the Bronx.
478
00:21:40,566 --> 00:21:43,376
Well, assuming you're right,
we've got two major problems.
479
00:21:44,436 --> 00:21:46,382
A jury's convicted
another defendant,
480
00:21:46,438 --> 00:21:48,748
and we don't have jurisdiction.
481
00:21:48,807 --> 00:21:50,980
Our cops are convinced
there was a screwup.
482
00:21:51,911 --> 00:21:53,857
Has anybody talked
to the Bronx?
483
00:21:53,913 --> 00:21:56,826
Yeah, the detective assigned to the
case has washed his hands of it.
484
00:21:57,449 --> 00:22:00,123
And what does this have to do
with the case we can prosecute?
485
00:22:00,586 --> 00:22:02,429
Well, if we can't nail
Partell on one murder,
486
00:22:02,488 --> 00:22:03,990
we'll nail him
with another one.
487
00:22:05,424 --> 00:22:08,132
Since when do we second-guess
another D.A.'s office?
488
00:22:09,461 --> 00:22:11,600
Jack, the evidence
is pretty solid.
489
00:22:11,664 --> 00:22:13,803
And I found a way around
the jurisdictional problem.
490
00:22:13,866 --> 00:22:15,675
Do you remember
our office prosecuted
491
00:22:15,734 --> 00:22:17,304
that ticket scalping ring
at Yankee Stadium?
492
00:22:17,369 --> 00:22:20,612
Because there's a 500-yard
exception for an adjoining county.
493
00:22:20,706 --> 00:22:24,620
Well, the club where Partell shot
Jackson falls within the exception.
494
00:22:25,311 --> 00:22:27,587
This could blow up
in our faces.
495
00:22:27,646 --> 00:22:29,592
Before we get into
a turf war with the Bronx,
496
00:22:29,648 --> 00:22:32,094
be damn sure they
convicted the wrong man.
497
00:22:34,853 --> 00:22:37,459
You know what a defense
lawyer's worst nightmare is?
498
00:22:37,957 --> 00:22:39,732
An innocent client?
499
00:22:39,792 --> 00:22:41,533
A mother as an alibi witness.
500
00:22:41,860 --> 00:22:43,066
No, thanks.
501
00:22:43,195 --> 00:22:45,573
So, you did think Tony
Shaeffer was innocent?
502
00:22:45,731 --> 00:22:47,711
From the day
I was assigned to the case.
503
00:22:47,766 --> 00:22:49,040
So, why did you
put him on the stand?
504
00:22:49,101 --> 00:22:50,580
I didn't have much of a choice.
505
00:22:50,636 --> 00:22:52,877
Tony had words with
the victim that night.
506
00:22:52,938 --> 00:22:55,851
Then he told his girlfriend
he did it to impress her.
507
00:22:55,908 --> 00:22:59,219
I had to put him on the stand to explain
away the hole he dug for himself.
508
00:22:59,478 --> 00:23:00,855
Did you ever consider a plea?
509
00:23:00,913 --> 00:23:03,257
Did you ever see an innocent
man take manslaughter?
510
00:23:04,683 --> 00:23:05,889
Neither have I.
511
00:23:06,185 --> 00:23:07,926
So, uh, what's going on here?
512
00:23:08,387 --> 00:23:11,698
We found two witnesses who ID'd a
local drug dealer as the shooter.
513
00:23:11,790 --> 00:23:13,326
I had a feeling we got hosed.
514
00:23:13,759 --> 00:23:16,137
Well, it's hardly enough
to challenge a jury verdict.
515
00:23:16,628 --> 00:23:17,766
I still have the mother.
516
00:23:17,830 --> 00:23:19,275
And there's Peter Verona.
517
00:23:19,398 --> 00:23:20,672
Who?
518
00:23:20,733 --> 00:23:23,873
He was at the bar. He told the police
that Shaeffer wasn't the shooter,
519
00:23:23,936 --> 00:23:26,212
and he also couldn't ID
Shaeffer in a photo array.
520
00:23:27,706 --> 00:23:29,276
Nobody told me about it.
521
00:23:32,011 --> 00:23:34,924
What kind of problems were you
referring to, Ms. Carmichael?
522
00:23:34,980 --> 00:23:37,051
Well, there was a witness
Detective Boyle interviewed
523
00:23:37,116 --> 00:23:38,527
that said
Shaeffer didn't do it.
524
00:23:38,584 --> 00:23:41,224
All that happened was he didn't
pick him out of the six pack.
525
00:23:41,287 --> 00:23:42,357
I had two guys who did.
526
00:23:43,022 --> 00:23:44,433
It wasn't in any of
your reports.
527
00:23:45,090 --> 00:23:46,467
I told the A.D.A.
who prepped me.
528
00:23:46,525 --> 00:23:48,527
CARMICHAEL: Did you tell him
about the anonymous tip you got?
529
00:23:49,461 --> 00:23:50,599
What up?
530
00:23:50,663 --> 00:23:52,904
There was a message left for
you from Crime Stoppers
531
00:23:52,965 --> 00:23:54,638
two days after
you arrested Shaeffer.
532
00:23:54,900 --> 00:23:56,106
Well, I never got it.
533
00:23:56,168 --> 00:23:57,670
You never got it
or you ignored it?
534
00:23:58,871 --> 00:24:00,509
Now, just a minute,
Ms. Carmichael.
535
00:24:00,572 --> 00:24:02,574
I have to take exception
to you coming up here
536
00:24:02,641 --> 00:24:05,918
and making insinuations about the
way my people do their jobs.
537
00:24:06,011 --> 00:24:08,514
Look, Lieutenant, I'm just trying
to give you a heads-up here.
538
00:24:08,580 --> 00:24:10,992
There are three witnesses who have
raised doubts about this arrest.
539
00:24:11,183 --> 00:24:12,457
Two years later.
540
00:24:12,818 --> 00:24:14,798
As far as we're concerned,
the case is closed.
541
00:24:15,187 --> 00:24:17,326
Well, I'm sure the man who
killed Vincent Jackson
542
00:24:17,389 --> 00:24:18,595
must be very pleased
about that.
543
00:24:18,657 --> 00:24:20,694
Correct me if I'm wrong,
Ms. Carmichael,
544
00:24:20,759 --> 00:24:23,706
but didn't the guy we put away
confess to his girlfriend?
545
00:24:25,898 --> 00:24:27,605
Look, I think it's too bad
what happened to Tony,
546
00:24:27,666 --> 00:24:29,509
but he should never have
shot that guy.
547
00:24:29,902 --> 00:24:31,711
Well, maybe if you could
just take me through it.
548
00:24:32,171 --> 00:24:35,015
Do I really have to? Because I'm
trying to put all that behind me.
549
00:24:35,074 --> 00:24:36,144
Please, Ms. Mankowitz.
550
00:24:36,241 --> 00:24:38,278
(SIGHING)
All right, that night,
551
00:24:38,343 --> 00:24:40,220
I went to a club with Tony.
552
00:24:40,279 --> 00:24:41,587
We were there, like, 20 minutes
553
00:24:41,647 --> 00:24:45,720
when this guy gets all up in Tony's face
and he starts screaming and cursing.
554
00:24:45,784 --> 00:24:47,161
Then, a bouncer came over,
555
00:24:47,219 --> 00:24:48,527
grabbed Tony,
and threw him out.
556
00:24:48,587 --> 00:24:49,998
And you stayed in the club?
557
00:24:50,355 --> 00:24:53,336
No, I went somewhere else. I wasn't
going to let that ruin my evening.
558
00:24:53,859 --> 00:24:56,339
So, when did Tony tell you
about what happened?
559
00:24:57,596 --> 00:25:00,770
The next day. He came over,
we were watching the news,
560
00:25:00,833 --> 00:25:03,245
and the story comes on
about the bouncer at the club,
561
00:25:03,302 --> 00:25:05,248
and I'm, like,
"Oh, my God."
562
00:25:05,304 --> 00:25:07,875
And Tony goes, "Well, that's
what he gets for dissing me."
563
00:25:07,940 --> 00:25:10,477
And he makes two popping
sounds, like he's got a gun.
564
00:25:10,609 --> 00:25:12,088
And you went to the police?
565
00:25:12,144 --> 00:25:14,090
No. Do I look like
I'd rat him out?
566
00:25:14,146 --> 00:25:16,422
I told my sister,
she went to the police,
567
00:25:16,482 --> 00:25:18,189
and then they came
to me for a statement.
568
00:25:18,250 --> 00:25:20,491
And you had no problem
giving him up?
569
00:25:20,886 --> 00:25:22,866
I was breaking up
with him anyway.
570
00:25:22,921 --> 00:25:24,423
Tony wasn't really my type.
571
00:25:24,723 --> 00:25:25,793
What do you mean?
572
00:25:25,858 --> 00:25:28,862
Well, Tony was a nice guy
and everything, but
573
00:25:28,927 --> 00:25:30,167
he was kind of a wimp.
574
00:25:30,496 --> 00:25:31,736
Did it ever occur to you
575
00:25:31,797 --> 00:25:34,175
that he might have been bragging
about something he didn't do
576
00:25:34,233 --> 00:25:35,337
in order to impress you?
577
00:25:36,869 --> 00:25:39,145
What kind of idiot
would do something like that?
578
00:25:40,973 --> 00:25:43,385
My mother tells me the police
are re-opening the case.
579
00:25:44,209 --> 00:25:46,280
It's not that simple,
Mr. Shaeffer.
580
00:25:47,012 --> 00:25:48,753
A jury's already convicted you.
581
00:25:49,214 --> 00:25:52,058
The hardest thing to accept is
the fact you have confessed.
582
00:25:54,319 --> 00:25:56,799
I was just trying to
get Valerie to like me.
583
00:25:56,855 --> 00:25:58,766
It's the stupidest thing
lever did.
584
00:25:59,024 --> 00:26:00,298
It sure was.
585
00:26:01,393 --> 00:26:02,872
Up where they got me now,
586
00:26:02,928 --> 00:26:05,966
everybody's got a story about how
they were framed or something.
587
00:26:06,331 --> 00:26:08,902
But I did not kill
that man, Mr. McCoy.
588
00:26:10,135 --> 00:26:12,741
How did the dispute get
started in the first place?
589
00:26:13,939 --> 00:26:16,385
This other guy was
trying to sell me some coke.
590
00:26:16,442 --> 00:26:19,685
I tell him to take a walk, and then
we started yelling at each other.
591
00:26:19,878 --> 00:26:20,982
What did this man look like?
592
00:26:21,046 --> 00:26:24,892
Like me. Same height,
same weight, blonde hair.
593
00:26:25,651 --> 00:26:26,891
After the bouncer
took me outside,
594
00:26:26,952 --> 00:26:28,226
I said, "Hey, how come
you're not throwing out"
595
00:26:28,287 --> 00:26:29,925
"that drug dealer
I had a fight with?"
596
00:26:30,289 --> 00:26:31,359
What did he say?
597
00:26:31,690 --> 00:26:34,068
He said, "Don't worry."
He'd take care of him, too.
598
00:26:34,893 --> 00:26:36,304
There's Partell's motive.
599
00:26:40,866 --> 00:26:42,368
Before we take this
any further,
600
00:26:42,434 --> 00:26:44,471
we'll need you
to take a polygraph.
601
00:26:45,137 --> 00:26:47,583
I'll take 10 polygraphs
if I have to.
602
00:26:52,377 --> 00:26:57,224
I'm sorry, the fact that Mr. Shaeffer
passed your polygraph exam
603
00:26:57,282 --> 00:26:58,590
is not very compelling.
604
00:26:58,650 --> 00:27:01,096
Especially since he had
two years to practice up.
605
00:27:01,587 --> 00:27:05,797
Three witnesses dispute the version
of events put forward at the trial.
606
00:27:05,858 --> 00:27:07,633
Now, that may be true,
607
00:27:07,693 --> 00:27:09,570
but Mr. Einstadt
tried this case.
608
00:27:09,628 --> 00:27:12,438
He assures me that the credibility
of these people is suspect.
609
00:27:12,664 --> 00:27:13,870
Have you seen Partell's record?
610
00:27:13,932 --> 00:27:14,933
Mmm-hmm.
611
00:27:15,000 --> 00:27:16,070
I'm still not convinced.
612
00:27:16,135 --> 00:27:18,376
Are you gonna ignore
the exculpatory evidence?
613
00:27:18,437 --> 00:27:20,576
There's not nearly enough
to outweigh the verdict.
614
00:27:20,639 --> 00:27:23,142
Both men fit the same
general description.
615
00:27:23,742 --> 00:27:26,313
Will you at least
interview the witnesses?
616
00:27:26,378 --> 00:27:28,483
We're not gonna undermine
a legitimate conviction
617
00:27:28,547 --> 00:27:30,220
because a few doubts
have surfaced.
618
00:27:30,282 --> 00:27:33,525
How many people does Mr. Partell have
to kill before you'll look into it?
619
00:27:34,286 --> 00:27:35,959
You don't have to get
sarcastic, Mr. McCoy.
620
00:27:36,154 --> 00:27:37,690
I'm asking you to investigate
621
00:27:37,756 --> 00:27:39,895
the possibility that
a mistake was made.
622
00:27:40,525 --> 00:27:42,095
The jury has spoken.
623
00:27:42,160 --> 00:27:43,503
The system needs finality.
624
00:27:43,929 --> 00:27:45,931
The system needs credibility.
625
00:27:45,998 --> 00:27:48,774
I'm sorry, Mr. Robertson, I
don't understand your position.
626
00:27:49,234 --> 00:27:51,840
The fancy credentials you
have on your wall downtown
627
00:27:51,904 --> 00:27:54,407
don't give you the right to come
up here and question my judgment.
628
00:27:57,242 --> 00:27:59,654
If you won't do something,
Mr. Robertson, we will.
629
00:28:00,679 --> 00:28:02,556
We'll be indicting
Francis Partell
630
00:28:02,614 --> 00:28:05,220
for committing a murder
in your jurisdiction.
631
00:28:10,756 --> 00:28:12,497
"Indictment number 4520,"
632
00:28:12,557 --> 00:28:14,434
"People v. Francis Partell."
633
00:28:14,493 --> 00:28:16,666
"Charge is Murder
in the Second Degree."
634
00:28:16,728 --> 00:28:18,264
How does he plead,
Mr. Hauser?
635
00:28:18,330 --> 00:28:20,105
This doesn't even merit
a plea, Your Honor.
636
00:28:20,199 --> 00:28:21,940
I'll take that as a not guilty.
637
00:28:22,034 --> 00:28:24,708
The murder my client is charged
with occurred in the Bronx.
638
00:28:24,770 --> 00:28:27,717
The murder occurred 488
yards from the Bronx River,
639
00:28:27,773 --> 00:28:29,946
and according
to CPL 2040-4C,
640
00:28:30,008 --> 00:28:31,248
both counties
have jurisdiction.
641
00:28:31,310 --> 00:28:33,517
But someone's already been
convicted and sentenced
642
00:28:33,578 --> 00:28:34,750
for this crime in the Bronx.
643
00:28:35,013 --> 00:28:36,549
What's going on,
Ms. Carmichael?
644
00:28:36,615 --> 00:28:39,494
The People have exculpatory
evidence as to the Bronx defendant
645
00:28:39,551 --> 00:28:41,394
which strongly
incriminates Mr. Partell.
646
00:28:42,054 --> 00:28:43,761
JUDGE: So, let me
get this straight.
647
00:28:43,822 --> 00:28:45,893
The State of New York
has two men in jail
648
00:28:45,957 --> 00:28:47,834
for a crime that only
one of them committed?
649
00:28:48,226 --> 00:28:49,899
It's straight out
of Kafka, Judge.
650
00:28:51,229 --> 00:28:55,302
Doesn't res judicata bar you from
proceeding against a second defendant?
651
00:28:55,367 --> 00:28:57,973
Well, Your Honor, Mr. Partell
wasn't a party to the Bronx case,
652
00:28:58,036 --> 00:29:00,141
so he can't use it to shield
himself from prosecution.
653
00:29:00,205 --> 00:29:01,878
It's the same with
double jeopardy.
654
00:29:01,940 --> 00:29:04,614
It's a vendetta. They can't pin
a Manhattan murder on him,
655
00:29:04,676 --> 00:29:06,019
and this is the best
they've got.
656
00:29:07,145 --> 00:29:09,216
Here's what I'm going to do.
657
00:29:09,281 --> 00:29:13,661
I'm reserving my ruling on bail
until after an evidentiary hearing,
658
00:29:13,719 --> 00:29:17,690
but if your case looks shaky,
Ms. Carmichael, I'm going to dismiss it.
659
00:29:21,159 --> 00:29:24,265
The Bronx D.A. just called me.
He's furious with you two.
660
00:29:25,631 --> 00:29:27,611
Well, he might want
to direct his anger
661
00:29:27,666 --> 00:29:30,579
at the cops up there who screwed
up the initial investigation.
662
00:29:31,103 --> 00:29:32,377
Is there misconduct involved?
663
00:29:32,437 --> 00:29:34,610
Nothing willful.
Inertia, maybe.
664
00:29:34,673 --> 00:29:36,277
Water running
to the lowest level.
665
00:29:36,708 --> 00:29:39,154
Well, why are they so
reluctant to address this?
666
00:29:39,244 --> 00:29:40,985
Beats the hell out of me.
667
00:29:41,046 --> 00:29:43,458
You know, you can't do this job
and second-guess yourself.
668
00:29:43,515 --> 00:29:44,755
You'd never got any sleep.
669
00:29:45,150 --> 00:29:46,527
When I make a mistake,
I lose sleep.
670
00:29:46,585 --> 00:29:48,030
What lets Robertson
off the hook?
671
00:29:48,086 --> 00:29:51,533
I'm sure it's not easy living in
Manhattan's shadow all the time.
672
00:29:52,190 --> 00:29:56,070
He's probably not very happy that it's
us dropping this on his doorstep.
673
00:29:56,261 --> 00:29:58,070
I have to work with
this man, you know.
674
00:29:58,130 --> 00:30:01,339
JACK: He's not working with us, Nora.
He forced our hand.
675
00:30:01,500 --> 00:30:04,572
Partell's a drug dealer who kills
people for nickels and dimes.
676
00:30:05,504 --> 00:30:07,381
We're convinced
he got away with murder.
677
00:30:07,439 --> 00:30:10,886
I'll breathe a little easier
when you convince Judge Taylor.
678
00:30:15,180 --> 00:30:16,318
VERONA: After
we left the club,
679
00:30:16,381 --> 00:30:19,021
my friends and I were
walking to our car.
680
00:30:19,317 --> 00:30:23,732
Then we heard shots. We saw the bouncer
from the club on the sidewalk,
681
00:30:23,789 --> 00:30:25,996
and a man with a gun
running across the street.
682
00:30:27,526 --> 00:30:29,506
Was the man with the gun
683
00:30:29,561 --> 00:30:31,768
the same man
you testified you saw
684
00:30:31,830 --> 00:30:33,969
being thrown out of the
club earlier that night?
685
00:30:34,633 --> 00:30:36,169
No, he was not.
686
00:30:36,568 --> 00:30:37,774
Thank you.
687
00:30:40,305 --> 00:30:43,479
Isn't it a fact that
the two friends you were with
688
00:30:43,542 --> 00:30:44,919
identified someone else
as the shooter?
689
00:30:45,844 --> 00:30:48,154
Yes, but I think
they were wrong.
690
00:30:48,914 --> 00:30:51,155
How much did you have to drink
that night, Mr. Verona?
691
00:30:52,651 --> 00:30:54,858
Well, I don't remember exactly.
692
00:30:55,787 --> 00:30:57,232
But you were intoxicated?
693
00:30:58,290 --> 00:31:00,793
Somewhat intoxicated, yeah.
694
00:31:00,859 --> 00:31:03,499
Can you say
with absolute certainty
695
00:31:03,562 --> 00:31:05,371
that my client shot
Mr. Jackson?
696
00:31:09,134 --> 00:31:10,636
No, I can't.
697
00:31:15,373 --> 00:31:18,081
I was outside the club
smoking a cigarette.
698
00:31:18,977 --> 00:31:21,958
I saw Taz come up to Vincent
and start shooting.
699
00:31:22,881 --> 00:31:24,360
What else did you observe?
700
00:31:26,418 --> 00:31:29,262
After he shot him twice,
701
00:31:29,321 --> 00:31:30,925
he, uh, kept trying
to shoot more,
702
00:31:30,989 --> 00:31:33,265
but it looked like he ran out
of bullets or something.
703
00:31:33,325 --> 00:31:36,363
So, he started kicking
Vincent on the ground.
704
00:31:36,561 --> 00:31:37,904
What happened next?
705
00:31:39,731 --> 00:31:42,211
After he kicked him
a few times,
706
00:31:42,267 --> 00:31:44,440
he ran down the street
and got into an SUV.
707
00:31:47,105 --> 00:31:49,312
Were you in the club
when the police responded
708
00:31:49,374 --> 00:31:50,978
after the shooting,
Ms. Pistone?
709
00:31:51,476 --> 00:31:52,477
Yes.
710
00:31:53,578 --> 00:31:56,422
Did you tell them that
the man you knew as Taz
711
00:31:56,481 --> 00:31:57,858
was the one who
shot the bouncer?
712
00:31:58,416 --> 00:31:59,986
I didn't want to get involved.
713
00:32:00,085 --> 00:32:03,328
And for the next four days, you
didn't contact the police?
714
00:32:04,389 --> 00:32:06,926
I was kind of scared at first
because he's a drug dealer.
715
00:32:07,525 --> 00:32:11,098
But I... I felt guilty about it,
so I called Crime Stoppers.
716
00:32:11,296 --> 00:32:14,436
Let's see, you didn't go
to the local precinct.
717
00:32:14,799 --> 00:32:16,005
You didn't leave your name
718
00:32:16,067 --> 00:32:17,478
so the police could
use you as a witness,
719
00:32:17,536 --> 00:32:20,244
but you did call to collect
the reward that was offered?
720
00:32:20,572 --> 00:32:22,108
That's not why.
721
00:32:23,842 --> 00:32:25,014
Nothing further.
722
00:32:28,380 --> 00:32:29,825
JACK: Why did it
take you two years
723
00:32:29,881 --> 00:32:32,885
to come forward with this
information, Mr. Quintana?
724
00:32:33,752 --> 00:32:37,097
Taz used to be a friend of mine.
I didn't want to jam him up.
725
00:32:37,355 --> 00:32:38,561
Did that change?
726
00:32:39,224 --> 00:32:42,034
We had a little disagreement
about some drugs we bought.
727
00:32:42,460 --> 00:32:44,030
Is that why
you're accusing him now?
728
00:32:44,729 --> 00:32:47,608
I'm accusing him
because it's true.
729
00:32:52,537 --> 00:32:55,347
You have a felony conviction for
selling drugs, Mr. Quintana?
730
00:32:55,540 --> 00:32:56,644
Yeah.
731
00:32:57,042 --> 00:32:58,578
And I'm sure you've made
hundreds of sales
732
00:32:58,643 --> 00:33:00,316
for which you weren't arrested?
733
00:33:00,712 --> 00:33:02,521
I got a regular job now.
734
00:33:03,481 --> 00:33:05,154
At the time you allegedly
saw this happen,
735
00:33:05,216 --> 00:33:06,490
you had just smoked marijuana?
736
00:33:06,551 --> 00:33:07,586
Yeah.
737
00:33:07,652 --> 00:33:09,256
And I'm sure you had a few
drinks on top of that?
738
00:33:09,321 --> 00:33:10,322
Right.
739
00:33:10,422 --> 00:33:12,333
Was there a DJ at Grand Slam
740
00:33:12,390 --> 00:33:14,392
the night you say you were
there with my client?
741
00:33:14,459 --> 00:33:15,733
It was bands that night.
742
00:33:15,794 --> 00:33:16,932
Which ones?
743
00:33:16,995 --> 00:33:18,167
I don't remember.
744
00:33:18,363 --> 00:33:20,536
Can you remember any of
the songs they played?
745
00:33:20,966 --> 00:33:22,570
How am I supposed
to remember that, huh?
746
00:33:22,634 --> 00:33:23,874
I go out dancing
almost every weekend.
747
00:33:25,170 --> 00:33:27,480
Maybe you were just
too high to remember.
748
00:33:30,475 --> 00:33:33,251
This is nothing more than
payback for you, isn't it?
749
00:33:34,379 --> 00:33:36,359
If I wanted to snitch on Taz,
750
00:33:36,414 --> 00:33:38,860
I would've done it on my own,
a long time ago.
751
00:33:39,451 --> 00:33:42,660
The cops came to me.
I just told them what I saw.
752
00:33:49,761 --> 00:33:53,903
It's certainly not the most
compelling case I've ever heard,
753
00:33:53,965 --> 00:33:55,945
but I find the evidence
adduced at this hearing
754
00:33:56,001 --> 00:33:59,107
to be sufficient as a matter of
law to sustain the indictment.
755
00:34:00,272 --> 00:34:02,013
Mr. Partell is remanded.
(BANGS GAVEL)
756
00:34:02,073 --> 00:34:04,883
You're going to lock up a second
man for this one crime, Judge?
757
00:34:05,443 --> 00:34:08,014
Do you have any precedent that
says I can't, Mr. Hauser?
758
00:34:09,948 --> 00:34:11,427
That's what I thought.
759
00:34:11,850 --> 00:34:14,694
And let me tell you
something, Mr. McCoy,
760
00:34:14,753 --> 00:34:17,233
I want your boss
and the Bronx D.A.
761
00:34:17,288 --> 00:34:19,962
in my chambers tomorrow
at 9:30 sharp.
762
00:34:25,163 --> 00:34:29,236
You know, Jack, I found your
case to be legally sufficient,
763
00:34:29,301 --> 00:34:32,305
but if you think those witnesses
are going to convince a jury,
764
00:34:32,370 --> 00:34:34,372
(CHUCKLES) you've been
doing this for too long.
765
00:34:34,773 --> 00:34:37,447
Whether they do or not, we have an
obligation to prosecute the case.
766
00:34:37,575 --> 00:34:40,385
You also have an obligation
not to make a mockery
767
00:34:40,445 --> 00:34:41,947
of the criminal justice system.
768
00:34:42,213 --> 00:34:44,784
In my opinion, there's only one
party here who's doing that.
769
00:34:44,849 --> 00:34:47,420
Mr. Robertson refused to look
at the polygraph results,
770
00:34:47,485 --> 00:34:49,362
or re-interview
the witnesses.
771
00:34:49,421 --> 00:34:51,230
Where do you get off telling
me how to run my office?
772
00:34:52,023 --> 00:34:53,866
I didn't come up here to he
lectured at by an assistant.
773
00:34:54,125 --> 00:34:55,399
Then talk to me, John.
774
00:34:57,495 --> 00:34:59,634
Mr. Shaeffer
received a fair trial.
775
00:34:59,998 --> 00:35:01,944
He was convicted
by a jury in two hours.
776
00:35:02,000 --> 00:35:04,310
Based on incomplete evidence.
777
00:35:04,369 --> 00:35:06,440
We're not here
just to amass convictions.
778
00:35:06,504 --> 00:35:09,451
With all due respect, John,
she's got a point.
779
00:35:09,941 --> 00:35:12,444
What's the harm in taking
one out of the win column?
780
00:35:12,644 --> 00:35:15,750
The harm is letting Ms. Lewin thumb
her nose at a legitimate verdict
781
00:35:15,814 --> 00:35:17,384
rendered by the people
of my county.
782
00:35:17,649 --> 00:35:21,256
So, how do we get past this
territorial pissing match?
783
00:35:21,653 --> 00:35:23,758
This isn't about
territory, Harrison.
784
00:35:23,922 --> 00:35:27,028
One of you is going to walk away
from this with egg on your face.
785
00:35:27,092 --> 00:35:30,130
You know, right now, I could
careless about my approval rating.
786
00:35:31,196 --> 00:35:33,198
Let's all keep our eye
on the ball here.
787
00:35:33,265 --> 00:35:36,075
There's an innocent man
who's serving a life sentence.
788
00:35:36,134 --> 00:35:38,080
ROBERTSON: You haven't
produced a scintilla of proof
789
00:35:38,136 --> 00:35:41,674
that the Bronx trial was tainted
by perjury, or jury misconduct,
790
00:35:41,740 --> 00:35:43,742
or any illegality
that the law recognizes.
791
00:35:45,310 --> 00:35:48,291
If Ms. Lewin thinks
she can convict her defendant
792
00:35:48,346 --> 00:35:50,724
in the face of
a contrary verdict,
793
00:35:52,584 --> 00:35:54,029
let her go right on ahead.
794
00:36:02,060 --> 00:36:03,539
Can we get him to plead guilty?
795
00:36:03,928 --> 00:36:05,839
You can get anything
for the right price.
796
00:36:06,364 --> 00:36:07,968
Make him an offer.
797
00:36:09,300 --> 00:36:11,837
We started this war between
the boroughs to get the guy.
798
00:36:12,737 --> 00:36:14,011
The whole point of the exercise
799
00:36:14,072 --> 00:36:15,847
was to make him pay for murder.
800
00:36:16,074 --> 00:36:18,714
The whole point of the
exercise is Tony Shaeffer.
801
00:36:18,777 --> 00:36:20,757
He's doing another
man's time, Jack.
802
00:36:22,013 --> 00:36:24,357
If we get Partell to admit
he killed the bouncer,
803
00:36:24,416 --> 00:36:25,952
Robertson will have
to come around.
804
00:36:26,017 --> 00:36:28,759
Two murders, Nora,
and we let him off easy?
805
00:36:28,820 --> 00:36:31,926
I said make a deal. I didn't
say pony up the courthouse.
806
00:36:36,127 --> 00:36:38,573
We're here to offer you
a deal, Mr. Partell.
807
00:36:38,663 --> 00:36:41,405
Now, why would I want to make a
deal if he says I can't lose?
808
00:36:41,466 --> 00:36:43,036
Is he going to do
the time for you?
809
00:36:43,101 --> 00:36:44,239
You barely won the hearing.
810
00:36:44,302 --> 00:36:46,839
Wait till I put on the witnesses
who testified in the Bronx.
811
00:36:47,038 --> 00:36:50,542
I think I can convince a jury that
was a miscarriage of justice.
812
00:36:51,442 --> 00:36:52,546
Please.
813
00:36:52,644 --> 00:36:55,181
These people are not
unsophisticated, Mr. Hauser.
814
00:36:55,246 --> 00:36:56,589
They watch the news.
815
00:36:57,148 --> 00:37:00,186
They've seen convictions dropping
like flies all over the country.
816
00:37:00,485 --> 00:37:03,557
My boss needs his guilty plea
to free an innocent man.
817
00:37:03,621 --> 00:37:05,999
That puts him in a very
advantageous position.
818
00:37:06,257 --> 00:37:07,361
How advantageous?
819
00:37:07,625 --> 00:37:08,865
Man one.
820
00:37:08,960 --> 00:37:10,064
Six-to-12?
821
00:37:10,562 --> 00:37:12,564
I was thinking along
the lines of 10-to-20.
822
00:37:12,964 --> 00:37:14,534
You want a plea or not,
Mr. McCoy?
823
00:37:14,866 --> 00:37:16,903
Personally,
I'd rather he go to trial.
824
00:37:17,702 --> 00:37:19,978
That way we can max him
out when he's convicted.
825
00:37:20,371 --> 00:37:21,611
Six-to-12.
826
00:37:22,640 --> 00:37:24,586
And then you throw in the
Manhattan case for nothing.
827
00:37:25,243 --> 00:37:27,587
Six-to-12 concurrent
for two murders?
828
00:37:27,745 --> 00:37:29,952
Look, if I cop to this,
829
00:37:30,014 --> 00:37:31,391
I don't want you
coming back at me with that.
830
00:37:31,983 --> 00:37:33,860
Not a chance, Mr. Partell.
831
00:37:36,121 --> 00:37:38,931
Seven-and-a-half-to-15, or you
get your wish, Mr. McCoy.
832
00:37:43,495 --> 00:37:45,668
(SIGHS) You have a deal.
833
00:37:46,631 --> 00:37:48,372
Now, tell us
about Angela Jarrell.
834
00:37:51,769 --> 00:37:53,646
(STAMMERING)
There's nothing to tell.
835
00:37:54,472 --> 00:37:56,884
I hired her to deal drugs for
me, and she didn't do it.
836
00:37:57,942 --> 00:38:00,286
Instead she's in a bar
with some guy.
837
00:38:00,678 --> 00:38:01,986
Was anybody with you?
838
00:38:03,481 --> 00:38:06,519
Just some guy
that I was talking to
839
00:38:06,584 --> 00:38:08,325
while I waited
for her to leave.
840
00:38:09,988 --> 00:38:13,458
I followed her out to get the
money that she owed me, and, uh
841
00:38:13,525 --> 00:38:15,004
she only had about 70 bucks.
842
00:38:15,059 --> 00:38:16,561
So, you strangled her?
843
00:38:17,395 --> 00:38:21,309
Maybe I would've just scared her
had she not broken my foot.
844
00:38:23,101 --> 00:38:24,944
Either way,
she just wasn't working out.
845
00:38:30,608 --> 00:38:33,020
Francis Partell pled guilty
this morning.
846
00:38:38,750 --> 00:38:41,924
He gave a detailed admission about
the Vincent Jackson killing.
847
00:38:42,454 --> 00:38:43,558
I hope you're happy.
848
00:38:43,621 --> 00:38:46,295
I'll be very happy when you
dismiss against Tony Shaeffer.
849
00:38:46,357 --> 00:38:48,633
It says here that Partell pled
guilty to the other murder.
850
00:38:50,094 --> 00:38:51,266
How much time did he get?
851
00:38:51,729 --> 00:38:53,436
Seven-and-a-half-to-15.
852
00:38:53,898 --> 00:38:55,138
Concurrent?
853
00:38:55,199 --> 00:38:56,439
I'm not thrilled
about it either.
854
00:38:56,501 --> 00:38:57,673
(SCOFFS)
855
00:38:58,269 --> 00:39:00,681
How can I treat this
as a serious admission?
856
00:39:00,738 --> 00:39:02,615
He said what he had to say
to get his seven-and-a-half.
857
00:39:03,241 --> 00:39:07,053
You're not going to continue to
incarcerate an innocent man.
858
00:39:07,245 --> 00:39:09,657
I didn't convict that man.
A jury did.
859
00:39:10,148 --> 00:39:12,389
And now we know
they made a mistake.
860
00:39:12,717 --> 00:39:15,220
We don't know anything,
we weren't there.
861
00:39:16,120 --> 00:39:20,125
As far as I'm concerned, this does
nothing to impugn the jury verdict.
862
00:39:24,495 --> 00:39:25,667
(DOOR CLOSES)
863
00:39:27,799 --> 00:39:29,608
Robertson won't budge.
864
00:39:31,336 --> 00:39:34,783
So, that's the end
of the line for us.
865
00:39:36,107 --> 00:39:38,178
And Tony Shaeffer
stays in jail.
866
00:39:38,643 --> 00:39:42,989
He can hire an attorney petition
for a writ of habeas corpus.
867
00:39:43,448 --> 00:39:45,689
With what? His mother's
public assistance?
868
00:39:46,250 --> 00:39:48,491
He can file pro se,
like every other prisoner.
869
00:39:50,922 --> 00:39:52,458
Or I can do his writ.
870
00:39:54,526 --> 00:39:56,335
What about
the precedent it sets?
871
00:39:56,928 --> 00:39:58,202
I can file it
as a private citizen
872
00:39:58,263 --> 00:39:59,640
if you think that
would be more prudent.
873
00:40:00,331 --> 00:40:03,244
I think the public would be
hard-pressed to see the distinction.
874
00:40:04,068 --> 00:40:07,049
I think the only
distinction people see
875
00:40:07,105 --> 00:40:08,641
is between right and wrong.
876
00:40:10,908 --> 00:40:13,047
Make sure my name
is on your brief.
877
00:40:18,883 --> 00:40:22,660
One man shot and killed
Vincent Jackson in 1999.
878
00:40:22,954 --> 00:40:25,400
Two men have been
convicted of that crime.
879
00:40:26,224 --> 00:40:29,501
This is a situation that can't be
tolerated under the constitution.
880
00:40:29,561 --> 00:40:32,167
But, Mr. McCoy, how can
we pick and choose
881
00:40:32,230 --> 00:40:34,904
between two legally
rendered convictions?
882
00:40:35,400 --> 00:40:39,280
Only one of those defendants is
asserting his claim of innocence.
883
00:40:39,337 --> 00:40:41,783
What about those
12 people up in the Bronx?
884
00:40:42,206 --> 00:40:44,709
Isn't one of the hallmarks
of our jurisprudence
885
00:40:44,776 --> 00:40:46,551
the sanctity
of a jury's verdict?
886
00:40:46,611 --> 00:40:49,319
Sanctity should not be
confused with infallibility.
887
00:40:49,380 --> 00:40:51,621
The case books are
legion with instances
888
00:40:51,682 --> 00:40:54,663
where juries reached
erroneous conclusions.
889
00:40:54,886 --> 00:40:58,732
If Mr. Shaeffer were to be
re-tried in the Bronx today
890
00:40:58,790 --> 00:41:01,930
with all the evidence now
available for consideration,
891
00:41:01,993 --> 00:41:04,906
I submit he could not
be found guilty
892
00:41:04,962 --> 00:41:08,068
beyond a reasonable doubt,
as a matter of law.
893
00:41:09,534 --> 00:41:11,036
His writ should be granted.
894
00:41:14,272 --> 00:41:15,546
Good afternoon, Your Honors.
895
00:41:17,809 --> 00:41:20,847
Justice Scalia writes
in Hererra v. Collins
896
00:41:20,912 --> 00:41:23,756
that there is no constitutional
protection for prisoners
897
00:41:23,815 --> 00:41:26,819
whose sole claim of error
is actual innocence.
898
00:41:27,852 --> 00:41:29,490
That is precisely
the case here.
899
00:41:29,554 --> 00:41:32,501
The petitioner has alleged no
legal error in his conviction.
900
00:41:32,890 --> 00:41:33,891
So, Mr. Robertson,
901
00:41:33,958 --> 00:41:38,168
if in fact the petitioner is
innocent, what relief does he have?
902
00:41:38,496 --> 00:41:40,942
Let me say first
that I don't believe that.
903
00:41:40,999 --> 00:41:43,036
But according
to the Supreme Court,
904
00:41:43,101 --> 00:41:45,172
if all he's saying is
the jury made a mistake,
905
00:41:45,236 --> 00:41:47,147
he can ask the governor
for a pardon.
906
00:41:47,205 --> 00:41:49,446
That is his fail-safe
in this kind of situation.
907
00:41:49,507 --> 00:41:52,613
So, you're saying that
this court lacks the power
908
00:41:52,677 --> 00:41:54,588
to void Mr. Shaeffer's
conviction?
909
00:41:55,079 --> 00:41:57,992
If this court chooses to
follow Herrera v. Collins,
910
00:41:58,049 --> 00:42:00,120
which is the law
in the federal courts,
911
00:42:00,184 --> 00:42:02,061
it should not entertain
the petition.
912
00:42:02,520 --> 00:42:05,364
Not every problem was meant to
be solved by the judiciary.
913
00:42:05,456 --> 00:42:07,197
The court should
exercise restraint
914
00:42:07,258 --> 00:42:08,635
and respect the jury verdict.
915
00:42:10,895 --> 00:42:12,101
Any rebuttal, Mr. McCoy?
916
00:42:13,131 --> 00:42:15,941
Tony Shaeffer should not
have to argue his cause
917
00:42:16,000 --> 00:42:18,002
to an elected official
918
00:42:18,069 --> 00:42:21,607
whose political allegiances and
ambitions might color his judgment.
919
00:42:21,673 --> 00:42:24,620
That is why
the founding fathers saw fit
920
00:42:24,675 --> 00:42:26,985
to establish
an independent judiciary.
921
00:42:28,146 --> 00:42:31,992
And judicial restraint does
not mean judicial cowardice.
922
00:42:35,186 --> 00:42:39,225
This is a copy of
Mr. Shaeffer's daily schedule
923
00:42:39,290 --> 00:42:42,863
in the general population at the
Clinton Correctional Facility.
924
00:42:43,594 --> 00:42:48,703
"6:00 a.m., mandatory wake
up, 6:30, inmate count,"
925
00:42:48,800 --> 00:42:51,542
"6:45, mandatory meal,"
926
00:42:51,602 --> 00:42:55,345
"7:15, mandatory
vocational training,"
927
00:42:55,406 --> 00:42:59,786
"11:00, inmate count,
11:15, mandatory meal..."
928
00:42:59,844 --> 00:43:01,517
What's your point, Mr. McCoy?
929
00:43:02,914 --> 00:43:06,191
He's had this same day now
for the last two years.
930
00:43:08,719 --> 00:43:11,825
Guilty of nothing
more than stupidity.
931
00:43:12,690 --> 00:43:16,297
He'll have this same day
for the next five years...
932
00:43:25,470 --> 00:43:26,505
Ten years.
933
00:43:28,673 --> 00:43:34,282
This same day for the
next 23 years at least,
934
00:43:34,345 --> 00:43:36,848
unless this court has
the courage to admit
935
00:43:36,914 --> 00:43:38,621
the system failed.
936
00:43:47,625 --> 00:43:51,664
It is the opinion of this
court, with one dissent,
937
00:43:51,729 --> 00:43:56,200
that a writ of habeas corpus for
Anthony Shaeffer is hereby granted.
938
00:43:56,434 --> 00:43:57,504
(GAS PS)
939
00:43:57,568 --> 00:44:00,447
He is hereby released
from custody,
940
00:44:00,538 --> 00:44:03,951
and his conviction for
murder in the second degree
941
00:44:04,008 --> 00:44:07,319
is dismissed
in the interest of justice.
942
00:44:07,445 --> 00:44:08,685
(CRYING)
943
00:44:10,915 --> 00:44:13,759
I heard it was all smiles
in the Shaeffer family.
944
00:44:13,885 --> 00:44:17,094
I have to admit it was nice to get
somebody out of jail for a change.
945
00:44:17,188 --> 00:44:19,190
Well, I hope
that's out of your system.
946
00:44:19,257 --> 00:44:21,430
Well, I hope I don't catch
a case near the Bronx.
947
00:44:25,096 --> 00:44:27,667
That's, uh,
Angela Jarrell's father.
948
00:44:28,166 --> 00:44:31,306
He heard an arrest had been made,
and drove in from Minnesota.
949
00:44:31,356 --> 00:44:35,906
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